Please help, Marstons Bailiff returning shortly

[amanda121]

Hi,

Can anyone help me please?

I have just returned home to a hand delivered letter from Marstons Court Enforcent Agent.

The letter is for an unpaid fine of my husbands (who is at work) for £900 for HMCS Cheshire Div 1 North.

 

My husband has rang him and they will not accept any repayment offers and want the full amount within 24 hours or they will return and force entry to remove my goods or car!

 

I am worried sick, we have no way of paying the full amount, have 3 young children and no one to borrow the money from.

 

If my husband rings the court tomorrow can they do anything? the bailiff sdaid they would just refer him back to Marstons, is this true?

 

My husband did know about the fine been issued about 3-4 months ago, but since the original notification we have heard nothing.

 

Can anyone give me any advice?

 

Many thanks, Amanda

[fork-it]

£900 is a lot to be fined and I cannot find this amount for any offence given in the Sentencing Council's guidelines given to Magistrates for setting financial penalties in criminal proceedings.

 

Phone the mags court in the morning and ask how much he was actually fined. If its different to the amount shown on the bailiffs document, then you might want to read the following two links before telephoning the court.

 

HM Court Service advice - Bailiffs cannot charge you any more than you are fined: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345.pdf On page 3 under Magistrates courts

 

If someone makes a false representation in order to obtain a money transfer then see Section 2 of the Fraud Act 2006: http://www.legislation.gov.uk/ukpga/2006/35/section/2 If this applies to you then make sure you keep that bailiffs document in safe place. It may be needed in evidence.

 

Meanwhile do not open the door to a bailiff, even if that means speaking to him through the letterbox. make your home secure capture everything on your mobile phone and you might catch a bailiff making a false representation - like this one did:

 

[tomtubby]

Hi,

Can anyone help me please?

I have just returned home to a hand delivered letter from Marstons Court Enforcent Agent.

The letter is for an unpaid fine of my husbands (who is at work) for £900 for HMCS Cheshire Div 1 North.

 

My husband has rang him and they will not accept any repayment offers and want the full amount within 24 hours or they will return and force entry to remove my goods or car!

 

I am worried sick, we have no way of paying the full amount, have 3 young children and no one to borrow the money from.

 

If my husband rings the court tomorrow can they do anything? the bailiff sdaid they would just refer him back to Marstons, is this true?

 

My husband did know about the fine been issued about 3-4 months ago, but since the original notification we have heard nothing.

 

Can anyone give me any advice?

 

Many thanks, Amanda

 

From the amount of the fines (which would include the charges that have been applied of £275) it would appear that your husband failed to enter a plea or attended court. Did he receive the original summons as otherwise he should have filed a Statutory Declaration.

 

The bailiff can force entry to collect an unpaid court fine but please be assured that this is so very rare. In answer to a Parliamentary Question on this same matter it was revealed that that in the past 4 years approx 900,000 Distress Warrants had been issued and that in those 4 years there had been just 9 cases where entry into the premises was forced.

 

It is VITAL that you put any offer of repayment in writing (they are allowed under their Contract to accept payment over 6 months) and you MUST ensure that if you have a complaints that you write to the Court Manager at the relevant Magistrates Court.